Heldt v. Brei

PRESIDING JUSTICE McNAMARA

delivered the opinion of the court:

Plaintiff, Sheryl Heldt, special administrator of the estate of Joseph Arlo Heldt, deceased, filed this action to recover damages incurred when an automobile driven by defendant Gil Dolmer struck plaintiff’s decedent. Counts III, IV and V of plaintiff’s complaint, charging defendants James Brei, Everett Brei and Virginia Brei with negligence and with violation of the Dramshop Act, were dismissed for failure to state a cause of action. Plaintiff appeals.

In count III, based upon the Dramshop Act (Ill. Rev. Stat. 1981, ch. 43, par.…